Wide Ranging Practice

Broad Range and National Scope

Mr. Sheldon assists clients with matters involving facilities and problems coast to coast. Examples of his varied experience includes organic chemical plant multi- media violations in Mississippi, an Indiana chemical plant explosion investigation, maximizing continuity of business operations in downtown Manhattan despite a neighboring asbestos-laden explosion, a significant urban groundwater contamination case in Minnesota, and environmental and safety issues and terms in the acquisition, management and sale of businesses and their property nationwide.

Nationally Mr. Sheldon’s clients include large and small businesses, governmental entities and individuals in a wide range of environmental law matters. He has held positions of leadership in the business community, including Board Membership in the Chicagoland Chamber of Commerce and chairman of its environmental issues committee for 20 years. His client representations include transactional, litigation and regulatory matters.

Mr. Sheldon formerly was Chief of the Illinois Attorney General’s Environmental Enforcement Division, and he also was the Regional Counsel for USEPA’s Midwest Region 5. In those and in private practice he has tried cases in both federal and state courts, and has argued in courts of appeals in environmental and other matters both civil and criminal. He currently represents Illinois-based and other U.S. clients in Clean Water Act, Clean Air Act and Superfund (CERCLA), common law land cases. He has experience with legislation, rule-making, and administrative processes in a number of states and federally, and has handled rule-making RCRA, NEPA, APA, noise, odor and other siting cases, as well.

He is currently involved in legal aspects of the development, construction and operation of a utility scale Solar Photovoltaic project, a trespass and nuisance matter against a major railroad, and multiple Superfund Defense Steering Committees for Illinois sites on behalf of a clients from around the country.

Mr. Sheldon has handled difficult challenges, such as reformation of EPA chemical Clean Water Act discharge regulations for a major chemical company, establishing the right of a landowner to sue its tenant for CERCLA response costs despite being a so-called PRP, helping develop and promote use of the “bubble concept” in USEPA Clean Air Act regulation for a large can-maker, helping a chemical manufacturer with community emergency response and to determine the reason for an accidental toxic chemical explosion, helping a City get approval against opposition for an important new Fox River bridge, and negotiated a new harbor marina installation in PCB-contaminated Lake Michigan water. At EPA he helped implement Clean Water Act laws in the Midwestern states, for the State of Illinois he led enforcement against major polluters and successfully litigated against the US Interior Department for improved surface mining rules. He has helped with multiple business transactions involving environmental liabilities and risks, including sales, acquisitions, mergers, leasing and regulatory registration and compliance.

Highlights:

• He was counsel to St. Charles, Illinois in the application and obtaining approvals to build the Red Gate Bridge across the Fox River. This is now an important and award-winning community asset. The proceedings were contested.
• He successfully represented the Waukegan, Illinois Port District in obtaining federal and state permissions to build a new marina dock in a harbor with PCBs in its sediments.
• He successfully defended a Wisconsin based paper company against Clean Air Act multi-count allegations, obtaining a very affordable settlement.
• He represented and managed release reporting and environmental response management for a northwestern Illinois manufacturer regarding a release of solvents to a shallow aquifer near the Mississippi River.
• He represented a large multi-national chemical manufacturer faced with both State and federal water pollution charges. Case resolution included obtaining negotiated reconciliation of federal and state regulatory conflict regarding toxic discharges.
• He represented a famous Wisconsin-based plumbing fixture manufacturer against a Clean Water Act citizen suit threat.
• He advised an Indiana chemical manufacturer on response to a sulfur trioxide explosion and release to an urban neighborhood and assisted in the post-accident internal investigation.
• He obtained precedent setting favorable CERCLA ruling from the US District and Seventh Circuit Courts regarding landlord ability to obtain cost recovery from a polluting tenant.
• He provided hands-on advice and representation to a major New York City company on Madison Avenue concerning safely staying in occupation of their multi-floor space when a steam pipe explosion caused a major asbestos contamination just outside.
• He serves on multiple CERCLA Site steering committees.
• He has helped negotiate for and protect multiple clients from environmental risk in business transactions ranging from elevator maintenance, to leasing, to purchase and sale of real estate and companies.
• Advised transactional real estate counsel on the purchase and sale of multiple office and commercial buildings respecting environmental due diligence and has negotiated the allocation of environmental risk of liabilities.
• Assisted a major developer with necessary permitting for a luxury multi-apartment condominium on the Intercoastal Waterway in Broward County.
• Successfully opposed a zoning proposal to allow a large Amazon transfer station to be built and located in a residential/light commercial area in Palm Beach County.
• Advised developers on issues involved in permission for environmental clearance to put residential housing on a former golf course and industrial sites.
• Helped defend a landowner from claims of encroachment of neighbor in the Circuit Court.
• Advised a major gas station investor on Florida real estate and environment issues.
• Harvey’s experience includes location of water treatment facilities, septic systems, waste transfer stations and other developments, as well as wetlands permitting.
• He is familiar with Coastal Zone management and shoreline resilience issues and permitting.
• He is a member of the City, County & Local Government Law, Environmental & Land Use Law, and the Administrative Law Sections of the Florida Bar Association.